THE CHAMPION FREE PRESS, FRIDAY, APRIL 1, 2011 • PAGE 2A
NEWS
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Court nds attorney hadconict of interest
by Nigel RobertsEyewitness testimony andpictures taken at the scene of the crime were enough for DeKalb prosecutors to obtainguilty pleas from two kid-nappers. But the courts haveallowed one of the men towithdraw his guilty plea be-cause of his lawyer’s conictof interest in representingboth defendants.According to court docu-ments,
Anvar Mamedov
was driving along JollyAvenue in Clarkston whenhis friend
Mohammed Haji-Essa
told him to stop thecar. Haji-Essa got out of thepassenger seat and forced ayoung woman—in whom hehad a romantic interest—intothe car. After a few minutes,the two men returned her,shaken up but unharmed, tothe spot where they abductedher.Mamedov, an Uzbekistanrefugee, pleaded guilty tofalse imprisonment, basedon advice from an attorneyHaji-Essa hired. For the twoyears prior to the 2007 in-cident, Mamedov had beenliving in the United States“as a lawful” resident. So, asa rst-time offender, he wassentenced by court to threeyears of probation and com-munity service.But Mamedov’s guiltyplea caught the attention of immigration authorities. Un-der immigration law, falseimprisonment is a felony thatcould trigger deportation.Mamedov then petitioned thecourt to allow him to with-draw his guilty plea, arguingthat his attorney failed to in-form him of the possibility of deportation. He told the courtthat he would not have plead-ed guilty to settle the matter if he knew it would affect hisimmigration status.A lower court ruled in2010 that Haji-Essa’s lawyer had a conict of interest inrepresenting both defendantsand threw out Mamedov’sconviction. Consequently,DeKalb prosecutors appealedto the Georgia SupremeCourt.In a unanimous decisionreleased on March 18, thehigh court sided with Mame-dov. After analyzing the case,the court found “no error” inthe lower court’s ruling thatthe lawyer hired by Haji-Essahad “an actual conict of in-terest that adversely affectedcounsel’s performance.”Chief Justice
Carol Hun-stein
, writing for the court,acknowledged that prosecu-tors disputed some facts inthe case, such as whether Mamedov consulted with aseparate immigration attor-ney. However, “the undisput-ed evidence establishes thatMamedov was never advisedabout any risk of deporta-tion,” Hunstein stated.The justices pointed outthat Haji-Essa paid all attor-ney fees—and the attorneyin essence was Haji-Essa’slawyer, though technicallyrepresenting the interest of both men. The attorney ad-mitted failing to discuss adefense with Mamedov andnever raised the issue that theco-defendants had conictinginterests.“First, the fact that Haji-Essa alone was paying coun-sel’s fees created a strongincentive for counsel toprioritize Haji-Essa’s inter-ests in the matter over Mam-edov’s,” the ruling stated.The high court said the fact isthat “Mamedov was the lessculpable of the two in thecrime,” adding that his par-ticipation “was limited to hisrole as a passive witness whohappened to be driving whenHaji-Essa initiated the brief,apparently unpremeditatedinteraction with the victim.”Although the court didn’t sayso, it suggested that the at-torney ill-advised Mamedovto enter a joint defense withhis friend.“In a case of joint rep-resentation of conictinginterests, the evil is in whatthe advocate is compelled torefrain from doing,” Hun-stein wrote. “Thus, a failureon the part of counsel topursue an alternative defensetheory that is more favorableto one defendant but whichwould have prejudiced a co-defendant by shifting blameto him may well give rise toan actual conict of interest.”
Health board considers tougher anti-smoking law
by Andrew Cauthenandrew@dekalbchamp.comCigarette smoking inDeKalb County could be athing of the past if the coun-ty’s Board of Health gets itsway.“We’re trying to givethose who don’t smoke theopportunity to have a smoke-free environment,” said
Eliz-abeth Ford
, district healthdirector.The health board wantsto strengthen the county’ssmoking ordinance, passedin 2002, which currentlybans smoking “in all publicplaces and places of employ-ment within unincorporatedDeKalb County,” but allowssmoking outdoors as longas it occurs 20 feet or morefrom any entrance.Excluded from the currentban are free-standing bars;retail tobacco stores; adultentertainment establish-ments; any property ownedor leased by municipalities,the state of Georgia or thefederal government; and pri-vate residences unless theyare used as child care, adultday care or health care facili-ties; and designated smokingrooms in hotels.A statewide smoking banin most public places wassigned into law in 2005 bythen-governor
Sonny Perdue
.The Board of Health isworking on an ordinance thatFord hopes is as strong asone just enacted in Savannah,which bans smoking in bars,bowling alleys, outdoor sta-diums and private clubs. Theordinance even bans smokingwhen standing outdoors inservice lines such as at ATMs,concerts, food vendors, mov-ies and sporting events. Sa-vannah’s ban also includeselectronic cigarettes.Ford said DeKalb’s currentordinance is not working. TheSoutheastern United States re-mains at the bottom for mosthealth parameters.“We have a huge pediatricasthma issue,” Ford said.The effort to strengthen thesmoking ban is part of a na-tionwide push to limit tobaccouse and reduce the negativeeffects of second-hand smoke.Calabasas, Calif., has thestrictest smoke-free ordinancein the nation, according to
Jason Varner
, business andpolicy analyst for the Boardof Health.“If you’re in your car withthe windows down, you can’tsmoke,” Varner said. “Wewant to make sure DeKalbCounty is one of the healthiestin the country.”The Board of Health willconsider the tougher smok-ing ban on April 21 at 3 p.m.,when there will be a publichearing on the subject. Theboard’s recommendationwill then be forwarded to thecounty’s Board of Commis-sioners which has the author-